Facts
On August 25, 2014, A. (plaintiff, appellant) filed a claim for payment against the insurance company B. AG (defendant, respondent) with the District Court of Dietikon. At the same time, he requested the granting of legal aid and the appointment of attorney Massimo Aliotta as his pro bono legal representative.
The District Court granted both requests on the condition that the plaintiff sign an assignment declaration, by which he would assign any potential litigation gain - except for claims for satisfaction - up to the amount of the court costs and the costs of legal representation incurred by him to the court registry.
The plaintiff appealed against this decision, which was dismissed by the High Court of the Canton of Zurich and ultimately by the Federal Supreme Court.
Considerations
The Federal Supreme Court held that even under the Swiss Civil Procedure Code (CPC), it is permissible to make the granting of legal aid dependent on the assignment of any potential litigation gain up to the amount of the court costs and the costs of legal representation incurred by the applicant.
The assignment facilitates the enforcement of the state's subsequent payment claim,…